What Does the Divorce Petition Contain?

The process of a divorce can be emotionally draining. While the children of a divorce cannot possibly understand why you had to go through this, it's a lot to take in when you are separated from your spouse. While it may seem the best solution, that would mean children that you have never met, you need to research what each stage of a divorce contains.

When you start the process of a divorce, you will be asked to complete a divorce petition and affidavit. This is both to ensure that the facts on the petition are accurate and that the state law is being followed. The court system has regulations regarding what should be in each stage of a divorce petition and what can be included within the affidavit portion of the petition.

In order to determine what the divorce petition contains, make sure that you carefully review the requirements for each stage. The court system will keep a copy of the divorce petition. Make sure you read it thoroughly and any recommendations that you might have from a lawyer will also be noted. You will also want to know exactly what the court system requires from you in order to begin the divorce process.

The divorce petition will contain all the necessary information for the two parties to be able to begin with the process of divorce. In the petition, each party will write the required details concerning their relationship, and the years they have been married. It will also detail the years they have lived together as a couple.

In the case of the children, both parents will list the names of the children they wish to take with them in the event that they do not get divorced. They will also state the names of those who are supposed to have legal custody of the children after the divorce is finalized. Each party will indicate whether or not the child wants to live with them; and which parent they will choose to have custody.

The petition must also contain all the information required by the state. This includes the reasons why the divorce was granted, the names of witnesses, and the order in which the divorce will be finalized.

The petition will then be completed by the non-custodial party, listing all assets and debts that the spouse's papers were signed under. The final part of the divorce petition will list any additional issues that the parties do not wish to deal with, such as alimony or child support. Any claims to the property or assets may be highlighted in bold print.

To file the divorce petition, the petitioner must fill out a petition along with the affidavit of the petitioner. Once this is filed, it will be forwarded to the office of the clerk of the court.

When this is done, the petitions will be submitted to the clerk of the court. Within a few days, a copy of the divorce petition will be sent to the parties. The marriage license will be immediately canceled and an initial divorce decree will be mailed to the parties.

The parties will then need to pay a filing fee and receive a special certificate from the clerk stating the date of divorce. The certificate will also indicate the exact date of filing.

The parties can then either do nothing or formally request the case be heard by the court. After the filing date of the divorce decree, any and all other court proceedings pertaining to the divorce will occur. The parties will be required to appear in court and either sign or notarize the documents, and will be held in contempt if they do not appear.

Any court fees, support and child support will be awarded according to the order of the court. All future cases in which the same parties will be involved will be sent on to the court system. Depending on the situation, they could be referred to a Family Court for different matters.